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SCHEDULE 1.

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Section 5.

SCHEDULE 1E+W+S+N.I. Words and Expressions Defined

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

DefinitionsE+W+S+N.I.

“Associated state” means a territory maintaining a status of association with the United Kingdom in accordance with the M1West Indies Act 1967. [16th February 1967]

“Bank of England” means, as the context requires, the Governor and Company of the Bank of England or the bank of the Governor and Company of the Bank of England.

“Bank of Ireland” means, as the context requires, the Governor and Company of the Bank of Ireland or the bank of the Governor and Company of the Bank of Ireland.

“British Islands” means the United Kingdom, the Channel Islands and the Isle of Man. [1889]

[F2“British overseas territory” has the same meaning as in the British Nationality Act 1981;]

“British possession” means any part of Her Majesty’s dominions outside the United Kingdom; and where parts of such dominions are under both a central and a local legislature, all parts under the central legislature are deemed, for the purposes of this definition, to be one British possession. [1889]

[F6“Civil partnership” means a civil partnership which exists under or by virtue of the Civil Partnership Act 2004 (and any reference to a civil partner is to be read accordingly).]

“Colonial legislature”, and “legislature” in relation to a British possession, mean the authority, other than the Parliament of the United Kingdom or Her Majesty in Council, competent to make laws for the possession. [1889]

“Colony” means any part of Her Majesty’s dominions outside the British Islands except—

(a)

countries having fully responsible status within the Commonwealth;

(b)

territories for whose external relations a country other than the United Kingdom is responsible;

(c)

associated states:

and where parts of such dominions are under both a central and a local legislature, all parts under the central legislature are deemed for the purposes of this definition to be one colony. [1889]

“Commencement”, in relation to an Act or enactment, means the time when the Act or enactment comes into force.

“Committed for trial” means—

(a)

[F7in relation to England and Wales, committed in custody or on bail by a magistrates’ court pursuant to [F8section 6 of the Magistrates’ Courts Act 1980], or by any judge or other authority having power to do so, with a view to trial before a judge and jury; [1889]]

(b)

in relation to Northern Ireland, committed in custody or on bail by a magistrates’ court pursuant to [F9Article 37 of the Magistrates’ Courts (Northern Ireland) Order 1981], or by a court, judge, resident magistrate F10. . . or other authority having power to do so, with a view to trial on indictment. [1st January 1979]

[F11“The EU” or “the EU Treaties”] and other expressions defined by section 1 of and Schedule 1 to the M3European Communities Act 1972 have the meanings prescribed by that Act.

“Comptroller and Auditor General” means the Comptroller-General of the receipt and issue of Her Majesty’s Exchequer and Auditor-General of Public Accounts F12. . . .

“Consular officer” has the meaning assigned by Article 1 of the Vienna Convention set out in Schedule 1 to the M4Consular Relations Act 1968.

[F13 “The Corporation Tax Acts” means the enactments relating to the taxation of the income and chargeable gains of companies and of company distributions (including provisions relating to income tax);]

“County court” means—

(a)

in relation to England and Wales, [F14the county court established under section A1 of][F15the County Courts Act 1984]; [1846]

(b)

in relation to Northern Ireland, a court held [F16for a division] under the County Courts [F17(Northern Ireland) Order 1980]. [1889]

“Court of Appeal” means—

(a)

in relation to England and Wales, Her Majesty’s Court of Appeal in England;

(b)

in relation to Northern Ireland, Her Majesty’s Court of Appeal in Northern Ireland.

[F18“Court of Judicature” means the Court of Judicature of Northern Ireland.]

“Court of summary jurisdiction”, “summary conviction” and “Summary Jurisdiction Acts”, in relation to Northern Ireland, have the same meanings as in Measures of the Northern Ireland Assembly and Acts of the Parliament of Northern Ireland.

“Crown Court” means—

(a)

in relation to England and Wales, the Crown Court constituted by section 4 of the M5Crown Courts Act 1971;

(b)

in relation to Northern Ireland, the Crown Court constituted by section 4 of the M6Judicature (Northern Ireland) Act 1978.

[F19“EEA agreement” means the agreement on the European Economic Area signed at Oporto on 2nd May 1992, together with the Protocol adjusting that Agreement signed at Brussels on 17th March 1993, as modified or supplemented from time to time. [The date of the coming into force of this paragraph.]

“EEA state”, in relation to any time, means—

(a)

a state which at that time is a member State; or

(b)

any other state which at that time is a party to the EEA agreement. [The date of the coming into force of this paragraph.]]

[F20“Enactment” does not include an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.]

“England” means, subject to any alteration of boundaries under Part IV of the M8Local Government Act 1972, the area consisting of the counties established by section 1 of that Act, Greater London and the Isles of Scilly. [1st April 1974].

“Financial year” means, in relation to matters relating to the Consolidated Fund, the National Loans Fund, or moneys provided by Parliament, or to the Exchequer or to central taxes or finance, the twelve months ending with 31st March. [1889]

“Governor-General” includes any person who for the time being has the powers of the Governor-General, and “Governor”, in relation to any British possession, includes the officer for the time being administering the government of that possession. [1889]

[F21“Her Majesty’s Revenue and Customs” has the meaning given by section 4 of the Commissioners for Revenue and Customs Act 2005.]

“High Court” means—

(a)

in relation to England and Wales, Her Majesty’s High Court of Justice in England;

(b)

in relation to Northern Ireland, Her Majesty’s High Court of Justice in Northern Ireland.

[F22“The Immigration Acts” has the meaning given by [F23section 61 of the UK Borders Act 2007].]

“The Income Tax Acts” means all enactments relating to income tax, including any provisions of the Corporation Tax Acts which relate to income tax.

“Land” includes building and other structures, land covered with water, and any estate, interest, easement, servitude or right in or over land. [1st January 1979].

“Lands Clauses Acts” means—

(a)

in relation to England and Wales, the M9Lands Clauses Consolidation Act 1845 and the M10Lands Clauses Consolidation Acts Amendment Act 1860, and any Acts for the time being in force amending those Acts; [1889]

(b)

in relation to Scotland, the M11Lands Clauses Consolidation (Scotland) Act 1845 and the M12Lands Clauses Consolidation Acts Amendment Act 1860, and any Acts for the time being in force amending those Acts; [1889]

(c)

in relation to Northern Ireland, the enactments defined as such by section 46(1) of the M13Interpretation Act Northern Ireland) 1954. [1889]

“Local land charges register”, in relation to England and Wales, means [F24the register] kept pursuant to section 3 of the M14Local Land Charges Act 1975, F25...

[F26“Local policing body” has the meaning given by section 101(1) of the Police Act 1996.]

“London borough” means a borough described in Schedule 1 to the M15London Government Act 1963, “inner London borough” means one of the boroughs so described and numbered from 1 to 12 and “outer London borough” means one of the boroughs so described and numbered from 13 to 32, subject (in each case) to any alterations made under Part IV of the M16Local Government Act 1972 [F27, Part 2 of the Local Government Act 1992 or Part 1 of the Local Government and Public Involvement in Health Act 2007].

“Lord Chancellor” means the Lord High Chancellor of Great Britain.

“Magistrates’ court” has the meaning assigned to it—

(a)

in relation to England and Wales, by [F28section 148 of the Magistrates’ Courts Act 1980];

(b)

in relation to Northern Ireland, by [F29Article 2(2) of the Magistrates’ Courts (Northern Ireland) Order 1981].

“Month” means calendar month. [1850]

“National Debt Commissioners” means the Commissioners for the Reduction of the National Debt.

“Northern Ireland legislation” has the meaning assigned by section 24(5) of this Act. [1st January 1979]

“Oath” and “affidavit” include affirmation and declaration, and “swear” includes affirm and declare.

[F30“Officer of a provider of probation services” in relation to England and Wales, has the meaning given by section 9(1) of the Offender Management Act 2007;” and]

[F31“Officer of Revenue and Customs” has the meaning given by section 2(1) of the Commissioners for Revenue and Customs Act 2005.]

“Ordnance Map” means a map made under powers conferred by the M17Ordnance Survey Act 1841 or the M18Boundary Survey (Ireland) Act 1854.

“Parliamentary Election” means the election of a Member to serve in Parliament for a constituency. [1889]

[F32“PAYE income” has the meaning given by section 683 of the Income Tax (Earnings and Pensions) Act 2003.

“PAYE regulations” means regulations under section 684 of that Act.]

“Person” includes a body of persons corporate or unincorporate. [1889]

[F33“Police and crime commissioner” means a police and crime commissioner established under section 1 of the Police Reform and Social Responsibility Act 2011.]

“Police area” F34. . . and other expressions relating to the police have the meaning or effect described—

(a)

in relation to England and Wales, by [F35section 101(1) of the Police Act 1996];

[F38“Police Service of Northern Ireland” and “Police Service of Northern Ireland Reserve” have the same meaning as in the Police (Northern Ireland) Act 2000;]

“The Privy Council” means the Lords and others of Her Majesty’s Most Honourable Privy Council.

[F39“Provider of probation services”, in relation to England and Wales, has the meaning given by section 3(6) of the Offender Management Act 2007;”.]

[F40“Registered” in relation to nurses and midwives, means registered in the register maintained under article 5 of the [F41Nursing and Midwifery Order 2001] by virtue of qualifications in nursing or midwifery, as the case may be.]

[F42“Registered medical practitioner” means a fully registered person within the meaning of the Medical Act 1983 who holds a licence to practise under that Act.]

[F43“Registered provider of social housing” and “private registered provider of social housing” have the meanings given by section 80 of the Housing and Regeneration Act 2008 (and “non-profit” and “profit-making” in connection with a registered provider are to be read in accordance with section 115 of that Act).]

“Rules of Court” in relation to any court means rules made by the authority having power to make rules or orders regulating the practice and procedure of that court, and in Scotland includes Acts of Adjournal and Acts of Sederunt; and the power of the authority to make rules of court (as above defined) includes power to make such rules for the purpose of any Act which directs or authorises anything to be done by rules of court. [1889]

“Secretary of State” means one of Her Majesty’s Principal Secretaries of State.

[F53“Wales” means the combined area of the counties which were created by section 20 of the M23Local Government Act 1972, as originally enacted, but subject to any alteration made under section 73 of that Act (consequential alteration of boundary following alteration of watercourse).]

[F54“Water undertaker”, in relation to England and Wales, shall be construed in accordance with section 6 of the Water Industry Act 1991].

“Writing” includes typing, printing, lithography, photography and other modes of representing or reproducing words in a visible form, and expressions referring to writing are construed accordingly.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Construction of certain expressions relating to offencesE+W+S+N.I.

(a)“indictable offence” means an offence which, if committed by an adult, is triable on indictment, whether it is exclusively so triable or triable either way;

(b)“summary offence” means an offence which, if committed by an adult, is triable only summarily;

(c)“offence triable either way” means an offence [F57, other than an offence triable on indictment only by virtue of Part V of the Criminal Justice Act 1988] which, if committed by an adult, is triable either on indictment or summarily;

and the terms “indictable”, “summary” and “triable either way”, in their application to offences, are to be construed accordingly.

In the above definitions references to the way or ways in which an offence is triable are to be construed without regard to the effect, if any, of [F58section 22 of the Magistrates’ Courts Act 1980] on the mode of trial in a particular case.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

shall be construed in accordance with section 1 of the Family Law Reform Act 1987. [The date of the coming into force of that section]]

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

[F60Construction of certain expressions relating to the police: ScotlandE+W+S+N.I.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

(a)references to a police force include references to the Police Service of Scotland;

(b)references to a chief officer of police include references to the chief constable of the Police Service of Scotland;

(c)“police authority” means the Scottish Police Authority;

(d)the “police area” of the Police Service of Scotland is Scotland and references to a police force or police authority for any area include references to the Police Service of Scotland or, as the case may be, the Scottish Police Authority;

(e)references to a constable or chief constable of, or appointed for, any area are to be construed as references to a constable or, as the case may be, the chief constable of, or appointed for, the Police Service of Scotland.]

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